Software Patents: An Indian Perspective

Anirudh K. and V. Anjanakshi (India)


Software Patents, Constitutional scheme, Legislative intent, harmonization


The Courts in USA have been known to take a very pro patent view. The same cannot be said about the Courts in UK and EU. Indian patent law is in its nascent stage and most of the principles are derived from foreign countries. It is in this light that we analyze the Indian law relating to software patents , keeping in mind the foreign law on the subject. We look into various tools of interpretation and also compare the Constitutional mandate in India with that in other countries to try and interpret the relevant provision in India. The Statement of Objects and reasons in India hint at the Indian law being in consonance with foreign law. Our paper is an endeavor to unravel which foreign law, the Indian law is in consonance with. For this purpose we have analyzed the law relating to software patents in various jurisdictions and have traced the march of the law. This paper, which is an attempt to lay down the correct position of law in India is based primarily on doctrinaire research.

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